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1. Colmore v ACC 2014 NZACA 19 [pdf, 82 KB]

   ...where, “for any ... reason”, there is a question which ought to be submitted to the High Court, including by reason of its general or public importance. [42] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course; O’Neill at [25]. [43] Such an applicant seeks an indulgence, so the onus rests on him or her to 9 satisfy the Authority that, in all the circumstances, t...

2. Supplementary advice on proposed Criminal Cases Review Commission model - Redacted [pdf, 319 KB]

   ...able to begin an investigation on its own initiative. 77. The concerns about own-motion investigations included that: 13 77.1. taking on investigations where the convicted person did not wish to take an appeal would be a waste of public resources and an unwarranted intrusion into the lives of private citizens 77.2. it could undermine the independence of the judiciary if, without any complaint from the defendant, the CCRC began to assess a miscarriage that it perceived had go...

3. [2022] NZEnvC 177 Waka Kotahi NZ Transport Agency v Auckland Council [pdf, 420 KB]

   Waka Kotahi NZ Transport Agency v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 177 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN WAKA KOTAHI NEW ZEALAND TRANSPORT AGENCY (ENV-2022-AKL-000100) Appellant AND AUCKLAND COUNCIL Respondent AND KARAKA AND DRURY LIMITED Applicant Court: Environment Judge J A Smith sitti...

4. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that the treatment did not achieve a desired result does not, of...

5. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 28 [pdf, 216 KB]

   ...inevitable that the charges would be found not proven by the Tribunal it was submitted. [25] The significant cost to Ms Simes in defending herself against the charges was also noted in her submissions to the Tribunal, including the impact on her resources given the modest profitability of her practice. It was said that the facts had shown that Ms Simes had applied herself conscientiously to ensuring her professional obligations were observed, and that as a consequence of the cha...

6. 2022-02-11 Statement of Evidence of Samuel Thomas dated 11 February 2022 [pdf, 390 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA...

7. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...says the second former colleague provided documents in relation to the false allegations of 2011, including emails that made no sense and had no context and were sent when the purported sender was not at his desk. Dr Sawyer says the VUW Human Resources Department never produced anything when it was asked for her file, although she had been at VUW over four years. [23.5] An external IT expert said a password capture had been put on her private email on her office computer. She...

8. Regulatory Impact Statement child witnesses in the criminal courts proposed reforms [pdf, 258 KB]

   ...p 52. Regulatory Impact Statement | Child witnesses in the criminal courts: proposed reforms 4  timely justice – resolving cases as soon as possible; and  efficiency – increasing overall cost-effectiveness by focussing more resources on a pre-trial process that may prevent a trial. Regulatory impact analysis Please refer to the Appendix. Consultation The Ministry of Justice sought feedback on reform options through targeted consultation on an issues pap...

9. Aperahama v Anderson - Section 57 of the Ratana Pa [2022] Māori Appellate Court MB 424 (2022 APPEAL 424) [pdf, 275 KB]

   ...linked by whakapapa. Thus far, the area in which the court’s s 30 jurisdiction has most often been invoked is when questions have arisen as to the right group to represent the wider collective in Treaty settlement negotiations or matters under the Resource Management Act 1993.21 [41] Contextually, therefore, we see s 30 as a simple provision sitting within a range of statutory devices giving the Māori Land Court broad powers to assist. These provisions are designed to help Māori...

10. Applying-to-be-a-Legal-Aid-Provider-Selection-Committee-guidance-November-2024-v7.pdf [pdf, 653 KB]

    ...of the Employment Law Institute of New Zealand (ELINZ). ELINZ members are bound by the ELINZ Code of Conduct. Applicants for employment advocate approval also need to demonstrate experience dealing with mediation, dispute resolution and/or human resources issues. The application should include the following information in the Additional information section: • the applicant’s qualifications • a brief employment history, including the applicant’s experience in mediation, dispu...